Dade County Land Development Corp. v. Dade County

Miami-Dade County Circuit Court

Dade County Land Development Corp. v. Dade County

21 Fla. Supp. 113

CourtCircuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County

DecidedFebruary 5, 1963

DocketNo. 62-C-12087

StatusPublished

This text of 21 Fla. Supp. 113 (Dade County Land Development Corp. v. Dade County) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dade County Land Development Corp. v. Dade County, 21 Fla. Supp. 113 (Fla. Super. Ct. 1963).

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Opinion

PAT CANNON, Circuit Judge.

This cause came before me, after due notice, upon defendants’ motion to dismiss plaintiffs’ complaint, and the court, after argument of counsel and examination of the complaint, finds that the plaintiffs failed to comply with provisions of §196.01, Florida Statutes, establishing as a condition concurrent to the institution of a suit of this character the filing with the complaint of the full amount of the taxes which the plaintiffs shall admit to be legal and due, or a receipt showing payment of those taxes prior to filing suit.

The court further finds that the allegations of the complaint affirmatively show that the subject properties have some determinable value for tax purposes, and admittedly are not exempt from taxation.

Under the applicable statutory provisions it is not possible for the plaintiff to cure the defective complaint by amendment at this late date.

It is accordingly upon full consideration ordered, adjudged and decreed that defendants’ motion to dismiss the complaint is granted, and that the complaint be and it is hereby dismissed, with prejudice.

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PAT CANNON, Circuit Judge.

This cause came before me, after due notice, upon defendants’ motion to dismiss plaintiffs’ complaint, and the court, after argument of counsel and examination of the complaint, finds that the plaintiffs failed to comply with provisions of §196.01, Florida Statutes, establishing as a condition concurrent to the institution of a suit of this character the filing with the complaint of the full amount of the taxes which the plaintiffs shall admit to be legal and due, or a receipt showing payment of those taxes prior to filing suit.

The court further finds that the allegations of the complaint affirmatively show that the subject properties have some determinable value for tax purposes, and admittedly are not exempt from taxation.

Under the applicable statutory provisions it is not possible for the plaintiff to cure the defective complaint by amendment at this late date.

It is accordingly upon full consideration ordered, adjudged and decreed that defendants’ motion to dismiss the complaint is granted, and that the complaint be and it is hereby dismissed, with prejudice.

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Bluebook (online)

21 Fla. Supp. 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dade-county-land-development-corp-v-dade-county-flacirct11mia-1963.